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Contents (1973 - 68)
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Strata Schemes (Freehold Development) Act 1973 No 68
Repealed version for 1 March 2016 to 29 November 2016 (accessed 22 September 2019 at 06:52)
Part 2 Division 3
Division 3 Compulsory acquisition of lots and common property
29   Application of Division
This Division does not apply to:
(a)  an easement, or
(b)  land the subject of a strata scheme that is part of a community scheme under the Community Land Development Act 1989.
30   Resumptions affecting parcels
(1)  Notwithstanding the provisions of any other Act, it shall not be competent for a resuming authority to resume land:
(a)  comprising solely common property unless the resumed land is defined in the notice of resumption as a lot in a current plan,
(b)  comprising or including all the lots the subject of a strata scheme unless the resumed land also includes all common property the subject of that scheme and the notice of resumption contains a statement referred to in subsection (2) (a) or (b) in respect of the resumed land and, where that notice contains a statement referred to in subsection (2) (a), unless the resumed land is defined in that notice as a lot in a current plan, or
(c)  in a parcel where some part of the resumed land does not consist of common property and the resumed land does not comprise or include all the lots and all the common property the subject of the strata scheme concerned unless the notice of resumption contains a statement referred to in subsection (2) (a) or (b) in respect of that part and:
(i)  where that notice contains a statement referred to in subsection (2) (a), unless the resumed land is defined in that notice as a lot in a current plan, or
(ii)  where that notice contains a statement referred to in subsection (2) (b), unless any part of the resumed land that is common property is defined in that notice as a lot in a current plan and any part of the resumed land that is not common property is defined in that notice as one or more lots in a strata plan, a strata plan of subdivision or a strata plan of consolidation.
(2)  For the purposes of subsection (1) (b) or (c), the statement to be included in a notice of resumption is a statement that the part of the resumed land that is not common property:
(a)  is excluded from the strata scheme concerned, or
(b)  remains subject to that strata scheme.
(3)  A plan relating to a parcel and lodged by a resuming authority in the office of the Registrar-General for the purpose of effecting a resumption referred to in subsection (1) shall not be registered unless it includes a statement or otherwise indicates that registration of the plan is required for that purpose and:
(a)  in the case of a plan lodged for registration as a strata plan of subdivision, it includes or is accompanied by a statement that it is intended that any part of the land to be resumed which does not consist of common property will remain subject to the strata scheme concerned, or
(b)  in the case of a plan lodged for registration as a current plan which does not relate solely to common property:
(i)  it includes or is accompanied by a statement that it is intended that the land to be resumed will be excluded from the strata scheme concerned, and
(ii)  except in the case of a current plan relating to all the lots and all the common property the subject of a strata scheme, it is accompanied by a certified or office copy of the minute of an order made by the Supreme Court under section 32, 50 or 51 in respect of the resumption or of an order so made dismissing the application for the order in respect of the resumption or, in the case of a current plan relating to all the lots and all the common property the subject of a strata scheme, by a certified or office copy of the minute of an order made by the Supreme Court under section 51 in respect of the resumption.
(4)  A plan lodged in the office of the Registrar-General for registration as:
(a)  a strata plan of subdivision, being a plan that includes a statement referred to in subsection (3) (a), may be registered notwithstanding section 16, or
(b)  a current plan, being a plan that includes a statement referred to in subsection (3) (b), may be registered notwithstanding section 195D (1) of the Conveyancing Act 1919,
if the plan or an approved form for signatures lodged in that office with the plan has been signed or sealed by or on behalf of the resuming authority.
31   Effect of resumption
(1)  Except in the case of a resumption referred to in section 30 (1) (b) the notice of which contained a statement referred to in section 30 (2) (b), upon the resumption of any land which immediately before the resumption was common property, that land ceases to be common property and the provisions of this Act cease to apply thereto.
(2)  Where a notice of resumption referred to in section 30 (1) (b) contains a statement referred to in section 30 (2) (a) or a notice of resumption referred to in section 30 (1) (c) contains such a statement in respect of that part of the resumed land which does not consist of common property (either such statement corresponding to the statement referred to in section 30 (3) (b) (i)), the part of the resumed land that does not consist of common property ceases to be subject to the strata scheme concerned and the provisions of this Act cease to apply thereto.
(3)  Where a notice of resumption referred to in section 30 (1) (b) contains a statement referred to in section 30 (2) (b), the provisions of this Act apply, notwithstanding the provisions of any other Act, to and in respect of the resuming authority and the resumed land in all respects, except as to the recording by the Registrar-General of the resumption, as if the resuming authority had acquired the lots comprised in the resumed land by registration under the Real Property Act 1900 of a transfer.
(4)  Where a notice of resumption referred to in section 30 (1) (c) contains a statement referred to in section 30 (2) (b), the provisions of this Act apply, notwithstanding the provisions of any other Act, to and in respect of the resuming authority and any part of the resumed land which, immediately before the resumption, did not consist of common property in all respects, except as to the recording by the Registrar-General of the resumption, as if the resuming authority had acquired that part by registration under the Real Property Act 1900 of a transfer.
32   Readjustment of strata scheme for purposes of resumption
(1)  Where:
(a)  a resuming authority proposes to resume land in a parcel and that land does not consist solely of common property or of all the lots and all the common property comprised in that parcel, and
(b)  the resuming authority intends that that land will be excluded from the strata scheme concerned,
the resuming authority may make an application to the Supreme Court for an order under subsection (4).
(2)  Notice of an application under subsection (1) shall be served, in accordance with the rules of court:
(a)  on every registered proprietor and registered mortgagee of a lot the subject of the strata scheme concerned,
(b)  on the body corporate,
(c)  where part of a lot is intended to be resumed and the local council has not approved of a plan referred to in section 30 (3) (b) relating to that part, on that local council,
(d)  on the Registrar-General, and
(e)  on such other persons as the Supreme Court may direct.
(3)  Any person referred to in subsection (2) (whether or not he has been served with a notice of the application), the resuming authority and any proprietor or enrolled mortgagee shall be entitled to appear and be heard on the hearing of the application.
(4)  The Supreme Court may, on application made under subsection (1), make an order for or with respect to any one or more of the following matters:
(a)  the substitution for the existing schedule of unit entitlement of a new schedule of unit entitlement,
(b)  where part of a lot is intended to be resumed and the resuming authority intends that that part will be excluded from the strata scheme concerned, the designation as a lot of the residue of any such lot,
(b1)  the amendment of any strata development contract that relates to the parcel,
(c)  requiring the resuming authority, when resuming the land referred to in its application under subsection (1), also to resume any residue referred to in paragraph (b) so that that residue will either be excluded from the strata scheme concerned or remain subject to that strata scheme, according to the terms of the order,
(d)  with the consent of the proprietor of a lot part of which is intended to be resumed, the vesting, freed and discharged from any mortgage, charge, covenant charge or writ, of any other part of that lot in the body corporate as common property, and
(e)  any matter in respect of which it is, in the opinion of the Supreme Court, just and equitable, in the circumstances of the case, to make provision in the order.
(5)  An order made under subsection (4) shall take effect upon the day on which the resumption referred to in the order takes effect.
(6)  An order made under subsection (4) shall have effect according to its tenor.
(7)  Where, on an application made under subsection (1), the Supreme Court is of the opinion that an order should not be made under subsection (4):
(a)  it may, upon application made by any person entitled to appear and be heard on the hearing of the application made under subsection (1) or of its own motion, direct that the application under subsection (1) be treated as an application for an order under section 50 or 51, and
(b)  where it makes such a direction:
(i)  the application the subject of the direction shall be deemed to be an application made under section 50 (1) or 51 (1), as the case may be, by a person entitled to make the application, and
(ii)  the applicant under subsection (1), as well as any other person entitled to appear and be heard under section 50 (1) or 51 (1), as the case may be, is entitled to appear and be heard on the hearing of the application.
(8)  The costs of any proceedings under this section shall be payable by the resuming authority, unless the Supreme Court otherwise orders.
33   Common property not to pass with lot or part of lot in certain circumstances
A resuming authority does not acquire any interest in common property the subject of a strata scheme by reason only of its resuming the whole or part of a lot which immediately before the resumption was the subject of that scheme if the notice of resumption contains a statement referred to in section 30 (2) (a).
34   Severance of lots by resumption
For the purposes of any Act relating to the payment of compensation upon the resumption of land:
(a)  where any part of a lot is resumed that part shall be deemed to be severed from every other part of that lot, whether or not that part and any such other part are contiguous, and
(b)  where the resumed land or any part of the resumed land is common property, the beneficial interests of the proprietors in that common property shall, for the purposes of any claim for or the payment of compensation in respect of the resumption of those interests, be deemed to be vested in the body corporate to the exclusion of the proprietors.
34A   Resumptions where resuming authority is bound by this Act
(1)  Despite section 8 of the Land Acquisition (Just Terms Compensation) Act 1991, a resumption of land to which both this Division and that Act apply must comply with this Division and that Act. This Division prevails to the extent of any inconsistency.
(2)  A resumption of land to which this Division applies and to which Part 12 of the Roads Act 1993 applies must comply with this Division and that Part. This Division prevails to the extent of any inconsistency.
35   Resumptions where resuming authority not bound by this Act
Where any part of a parcel is resumed by a resuming authority which is not bound by the provisions of this Act and does not comply with the provisions of this Division, the body corporate or a person affected by the resumption may apply to the Supreme Court for an order under section 50, as if the building had been damaged or destroyed, or under section 51.